Redacted Other than Full and Open.pdf

1 Ver 2.0 (01 July 2018)

Date: 29OCT2024

MEMORANDUM

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: PR Number(s): N2979542964004 1301202992______________________________________

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. Provide a description of the item or service required, to include

a) the name of the required source or brand name

THE MML Marine A-60 Rated Doors

b) the required delivery date/period of performance and

RDD: 07/03/2025 POP: 08/18/2025 11/21/2025

c) its intended use.

MSC Mandated installation and modification of A60 Fire Doors (T-ALT 18-168)

2. List the source(s) or known vendor(s) who are able to provide the above-described item or service.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

A. Only one responsible source (select all that apply):

1. RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

a. Explain what is subject to the restrictive rights.

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2. _____ EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is ONLY ONE authorized distributor or technical representative for the OEM.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

b. Identify the distributor / authorized technical representative for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document.

(NOTE: If there is more than one distributor / authorized technical representative, then use Part B Brand Name.)

3. __XX___ OTHER REASON:

a. _______ CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

i. SMS Procedure Number: _____________________________________

b. _XX____ STANDARDIZATION / BRAND NAME: Per MSCs standardization needs for additional units or replacement items.

i. Identify Make / Model Number(s): A60 Fire Door, WE-P16-A60SS-F-RH

ii. Identify other vessels with this Make / Model: EPF Class vessels 1-15

c. _XX____ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment: MML Marine

ii. Describe how the equipment must be compatible with the existing configuration. These items/ parts are a one- to -one swap and maintain current configuration. Any deviation from the items would require a Trans-Alteration and would not be allowable given the timeline needed to procure these parts.

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d. _XX____ OTHER:

MSC does not have the manufacturing and technical information required to evaluate and determine wither non-OEM service and replacement parts offered are equivalent to the OEM components and replacement parts. This requires special tools and technical expertise unique to this equipment; only authorized OEM parts and service reps are authorized to work on the highly sophisticated equipment. The OEM has access to provide parts and technical data/drawings/service as required by USCG, ASME, SOLAS, and ABS certification.

4. _____ UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits. Urgent requirements are supplies or services that will result in work stoppage or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified: ______________________________

b. Required delivery date / Period of Performance: _____________________________

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

d. Estimated production lead time: ______________________________

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: